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1. Can I have a court appointed attorney for an infraction?

No. An infraction does not carry with it the right to an attorney (like a misdemeanor does) because it is considered a civil offense. It is a civil offense because the maximum punishment cannot include jail time or probation.

2. Can I appeal a conviction on an infraction?

Yes. A person must file notice of appeal within 42 days of the conviction.

3. What rights do I have if I am accused of a violation of the Ordinance?

An accused has the right to an attorney, the right to trial by a judge (or a jury for misdemeanors), the right to be proved guilty beyond a reasonable doubt, the right to confront witnesses and be provided with all pertinent evidence, and the right of appeal upon conviction.

4. Does the Ordinance restrict First Amendment or any other rights protected by the U.S. Constitution?

No. The Ordinance will be read and applied in a manner consistent with the First Amendment regarding freedom of speech, exercise of religion and other similar rights (because the U.S. Constitution is the supreme law of the land).

5. If there is a legitimate reason not to employ or not to sell/rent to a person who is a member of the LGBTQ community.

The Ordinance only covers activities which are based solely on a person’s sexual orientation or sexual identity/expression. If there is a legitimate reason not to hire a person that is unrelated to sexual orientation or gender identity/expression, the employer may choose not to hire the person without violating the Ordinance. For example, they may not have the experience skills or certification for the job or may not be able to pass a background check.

If the owner of a house or rental property chooses not to sell or rent to a person due to bad credit or inability to pay the rent/mortgage, etc., and not because of the person’s sexual orientation or gender identity/expression, the owner has not violated the Ordinance.

6. What is a plea agreement?

A plea agreement is an agreement between the defendant and the prosecutor. The judge is not required to accept a plea agreement. However, the judge usually takes a plea agreement into account before sentencing the defendant.

7. What is gender expression/identity?

Actual or perceived gender-related characteristics, identity, appearance, expression or behavior of a person, regardless of such person's biological or assigned sex at birth.

8. How long do I have to file a complaint?

A complaint under this Ordinance must be filed with the Police Department within 180 days of the alleged misconduct.

9. Does the Ordinance subject me to criminal penalties if I violate it?

Yes. The Ordinance is a criminal ordinance because it is provides for someone to be charged with either an infraction or misdemeanor in the City Code.

10. What, in general, does the Ordinance cover?

The Ordinance covers 2 main categories. The first is employment, in which it is unlawful to fail to hire or to discharge someone or to limit their employment possibilities solely because of their sexual orientation or their gender identity/expression. This includes employers, employment agencies and labor organizations and training programs.

The second is housing because it is unlawful to refuse to sell/rent to someone or to discriminate regarding terms and conditions of a sale/rent solely because of the buyer’s/renter’s sexual orientation or gender identity/expression.

11. What is an Alford plea?

An Alford plea is a type of plea where a defendant does not admit to being guilty to the judge. A person who enters an Alford plea admits that the evidence the prosecutor would present at trial would be enough to prove the person guilty, but the defendant does not admit to committing the crime like they do in a standard plea of guilty. In an Alford plea, the court still imposes punishment as if the person pleaded guilty, even though the person does not actually admit guilt.

12. Does the Ordinance give those in the lesbian, gay, bi-sexual, transgender, questioning (LGBTQ) community more rights than it does to other citizens of Idaho Falls?

No. The Ordinance does not create any special rights or privileges which would not be otherwise available to all of the City’s inhabitants.

13. Where can I find an organizational chart of the city?

View a current organizational chart (PDF).

14. How do I file for a public record?

You can file for a public record at the City Clerk's Office or via email. Call the City Clerk at 208-612-8414 if you have questions. You can access the

records request form.

15. Where can I find information regarding state taxes?

Please refer to the Idaho State Tax Commission
150 Shoup Avenue
Suite 16
Idaho Falls, ID 83402

You can also call them at 208-525-7116 or visit their website.

16. Where can I find information regarding local taxes?

Information regarding local taxes including local property tax can be obtained at the Bonneville County Assessor's Office
547 N Capital Avenue
Idaho Falls, ID 83402

You can also contact them via phone at 208-529-1320, or on their website.